Sampson

This is an appeal by the defendant Otto Draeger from a judgment entered against him in the sum of $2,700, in an action to enforce specific of a contract for the sale of real estate.

The facts are not in dispute and can thus be briefly stated: Alex Kirkpatrick and others were the owners of 160 acres of land in Kern County, California, the title to which stood in the name of Kirkpatrick, as trustee. W. A. Sampson was a duly licensed real estate broker, residing near the land. On February 27, 1920, W. A. Sampson wrote a letter to Kirkpatrick, who resided in Los Angeles, California, and said in part: “I have good reason to believe that if you and your associates will promptly give me to sell the West half of Section 27, at $80.00 per acre, I can line up local parties to take the land on terms. . . . (Here follows terms.) In the event the is approved, and I line up responsible parties to take over the land and make improvements as stipulated, I will expect five per cent commission. ...” To this letter Kirkpatrick replied: “Replying to your favor of February 27th, in which you ask for authority to sell the West half of 27 on terms stated, will say we will sell on terms for you, viz.: A…